(NEW)Topic6 Mongolia Country Presentation€¦ · which Mongolia has joined Patent protection PCT (National phase-National charter-MN) Statistics: IPOM. Background: Protection of

Prepared by

Tsoggerel Purevjav

ContentContent

�IP protection

�International Treaties and Agreements, to which Mongolia has joined

�Patent protection

�PCT (National phase-National charter-MN)

�Statistics:

�IPOM

� Background:

Protection of inventions in Mongolia commenced in 1944.

First patent (author’s certificate) was granted on 13 January, 1963.

The first Intellectual property was recognized legally in 1992 by the

Constitution of Mongolia:

Art . 7(2) “ Intellectual values produced by the citizens are the

property of their authors and the national wealth of Mongolia ”

Government agency responsible for IP- Intellectual Property Office of

Mongolia which pursuits under the Deputy Prime Minister’s competence.

IPOM carries out its activities in conformity with the provisions of the Law

on Patents, Law on Trademarks and Geographical Indications, Law on

Copyright and Related Rights

�1979- Convention on Establishing the World

Intellectual Property Organization

�1985- Paris Convention on the Protection of

Industrial Property

�1992 - Patent Cooperation Treaty (PCT)

�1997 - TRIPs Agreement

�2002- Strasbourg Agreement Concerning the

International Patent Classification

• LEGAL BASIS

• The first Patent Law of Mongolia was adopted by Parliament

on June 25, 1993 later on modified on December 19, 1996 and

also in May 21, of 1999 and revised lately on January 19, of

the year 2006.

• The target of this law is to protect the rights of creators on

their inventions, industrial designs and utility models, owner

of patent and certificate of registration and regulate relations

arising in connection with the exploitation of inventions,

industrial designs and utility models. (Article 1)

• If an international treaty to which Mongolia is party, provides rules

different from those set forth in this law, the provisions of the international

treaty shall be applicable (Article 2.2)

• “International Agreement to which Mongolia is party” means the Paris

Convention for the Protection of Industrial Property (1883), the Hague

Agreement Concerning the International Deposit of Industrial Design

(1960), (1999), the Patent Cooperation Treaty (1970), the Strasbourg

Agreement Concerning the International Patent Classification (1971), the

Locarno Agreement Establishing an International Classification for

Industrial Design (1968), the Agreement on Trade-Related Aspects of

Intellectual Property Rights (1994) of the World Trade Organization and

other treaties and agreements to which Mongolia is party (Article 3.1.16.)

• “International application designating Mongolia”

means; an application for a patent or utility model

with a priority claim, which is filed according to

PCT (Article 3.1.17.)

• A patent examiner, when determining whether the

requirements set forth in Article 4.1 of this Law are

complied with, may accept a preliminary examination

report established by a Preliminary Examining

Authority in relation to applications for an invention

or utility model (Article 3.1.17.)

• Article 9. Filing International Application under PTC

Summary of requirements for entry into the national phase

� Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date

� Translation of international application required into: Mongolian

� Required contents of the translation for entry into the national phase:

Under PCT Article 22: Description, claims (if amended, both as originally

filed and as amended, together with any statement under PCT Article 19),

any text matter of drawings, abstract

• A patent application by a nonresident is to be made by patent agents

practicing in Mongolia, Patent Law, Art. 7.

• Who can act as IP agent? A patent agent must be a citizen of Mongolia

over the age of 25 years who has worked in the field of intellectual property for

at least three years, with higher education and no previous criminal records.

• A patent agent shall obtain a license in accordance with relevant legislation.

� The IPOM of Mongolia shall process international applications in

compliance with relevant legislation

� A filing date of an international application for an invention or

utility model designating Mongolia shall be accorded under the

Patent Law or according to the date of international registration

under the Patent Cooperation Treaty.

• The IPOM of Mongolia examines patent applications (Domestic and

Foreign), grants patents for qualified inventions.

• A patent may be granted for an invention if:

• the invention as claimed is industrially applicable

• the claims are novel

• the claims are inventive

� Patents are valid for 20 years from the date of filing.

2006-2011

International Applications

PCT and Direct application

Subject Matter of PCT applications

15

Ministry of Justice and Home AffairsMinistry of Justice and Home Affairs

IPOM, Director GeneralIPOM, Director General

Administrative

Division

Administrative

Division

Planning, policy and

cooperation

Division

Planning, policy and

cooperation

Division

Industrial property

and Copyright

Division

Industrial property

and Copyright

Division

Enforcement

Division

Enforcement

Division

OfficersOfficers officersExaminers

and officersIP inspectors

IP Information and

Training Center

IT officers

THANK YOU

Tsoggerel Purevjav

Patent Examiner,[email protected],

Intellectual Property

Office of Mongolia